Who Got Away With Crime?
Liberian war as State-Corporate Crime
Case Study: International Crimes and Globalization
By Thomas Kai Toteh
Introduction
An age-old internal strife in Liberia provided the opportunity to many persons, including states and organizations to promote their political and economic interests, agendas, controls, and powers. These motivating factors underlined the cause(s) for the war in Liberia, which spread to neighboring Sierra Leone by Charles Taylor, a key player, rebel leader turned president. Indicted by Special Hybrid Tribunal on charges of alleged war crimes and crimes against humanity, Charles Taylor’s arm struggle procedures were principally simplified by US, Libya, Burkina Faso, Cote d’Ivoire, France, and Liberian opposition political leaders(aliciapatterson.org).
The war in Sierra Leone lasted for 10 years and destroyed over 200,000 lives and thousand others, mostly women and children raped, amputated, and demoralized. Over 200, 000 lives were destroyed in
This case study is extraordinary for world events, specifically so, the indicted war criminal being a former president and first African leader to be arrested and charged with war crime charges (time.com). It is also important to note that the current case is one of a few that seems to practically demonstrate how international crimes are committed and by whom and why. Integrated theories are somehow validated in this case-owing to several motivating factors-and the many individuals, corporations, governments, and organizations that were involved. Consequently, this case study seeks to address various elements, including the types of white collar crimes and, laws violated, consequences, the nature, opportunity, theoretical explanations, and the public response to this case.
Why this is an organizational crime?
This is as organizational crime based on various theories that will be discussed later. This war was organized and supported by governments for the sole purpose of “advancing the goals of illegal business entities whose members are bound together because of their group interests and desire to profit from illegal activity,” (cad.sagepub.com). According to Kramer, Michalowski, and Kauzlarich state-corporate crime is defined as criminal acts that occur when one or more institutions of political governance pursue a goal in direct cooperation with one or more institutions of economic production and distribution (cad.sagepub.com). Charles Taylor was supported by governments, organizations, and corporations to wage the war in Liberia. Charles Taylor then started a rebellion in Sierra Leone with support came from corporations and organizations.Therefor, the case in point is a state-corporate crime since organizational crime, according to Kramer, is a state crime(Kramer 1982). Although only two major players were indicted, Charles Taylor and Foday Sankoh, the war directly benefited not only executives but corporation, governments, and organizations that participated in the war.
Description
This is one of the bloodiest wars in world history. This war destroyed thousands of lives, destroyed infrastructures, caused social and environmental harms to the entire populations of both countries while children and women were sexually abused and used in forced labor. Social and political orders collapsed in both
First the war was instigated and initiated by governments, then passed on to organizations and facilitated by corporations. Crimes committed in
Amnesty International USA, which monitored the exploitation of children in the illicit diamond mining business in Sierra Leone, by rebels and corporations, African Division of Human rights watch, Physicians for Human Rights (PHR), a population-based assessment which monitored and conducted study of war-related sexual violence in Sierra Leone, are among hundreds of organizations that identified the crimes committed in Sierra Leone by international corporations and RUF rebels. “Taylor was part of a joint Criminal Enterprise (JCE) that was formed well before the beginning of the indictment period (1996) to take political power and control of Sierra Leone in order to exploit its abundant natural resources” (Katherine Iliopoulos, July 24, 2009) Crimes of War Project.
The principal character and indicted war criminal, former President Charles Taylor served in the Liberian government as a director general of Civil Service Agency soon after the coup de tat in Liberia. He later escaped the country in 1980 with the amount of US$900,000 to the
On December 24, 1989, Charles Taylor surfaced in Liberia on the border with Ivory Coast on the east, where he announced on BBC his arm struggle to overthrow Liberian military leader who doubtfully won the 1985 presidential election. In his military quest for power, Charles Taylor recruited young boys and girls, ranging from five to 12 year-old with his total military manpower targeting a great number of youth. Within 6 months Charles Taylor’s National Patriotic Front of Liberia (NPFL) had spread to the rest of the country leaving thousands internally displaced and hundreds executed on suspicion of ethnicity while others starved to death. Despite international call for Charles Taylor to abandon his arm struggle and go to peace negotiation, he marched his forces onto the country capital, Monrovia and besieged the sitting president, Samuel Doe. Continued fierce fighting for the capital and the executive mansion (presidential place) left thousands dead mostly babies and children and thousand others fled to neighboring countries to seek refuge (globalsecurity.org).
The international community, including United Nations, European Union, and the highest stakeholder, the US who is Liberia’s long time historical and traditional friend and ally, set up a mechanism to intervene in the crisis. However, direct intervention of international community was ruled out based on several under-the-surface-international protocols and conventions. At this rate, a conference among the 16 West African nations was convened by the international community with US as a dominant negotiator.
During this conference, West African nations were urged to organize peace keeping troops that would be financed to go to Liberia. The initial six of the 16 West African nations mobilized a peace keeping force known as ECOWAS MONITORING GROUP (ECOMOG); named after the Economic Community of West African States (ECOWAS). ECOMOG arrived in Monrovia, Liberia on August 24, 1990 amid fierce fighting and a complete breakdown of order and civility and bloodbath in a city of over one million inhabitants.
Unfortunately, the National Patriotic Front of Liberia led by Charles Taylor has split with ex-Liberian army general, Prince Y. Johnson who earlier joined rank with Charles Taylor, defected and formed an Independent National Patriotic Front of Liberia (INPFL) based on the outskirt of Monrovia. The situation became complicated for ECOMOG and civilians as the three groups-government forces and two militia groups held
Ironically, the peace keepers had been drawn into a full scale fight with Charles Taylor’s militias. Though international community defended ECOMOG action in constrained terms, and civilians in
All arrangements made during peace conferences for a peaceful and negotiated settlement of the Liberian civil war was yielded no positive results as Taylor continued hit and run-guerrilla warfare with ECOMOG. By then ECOMOG has engineered the assassination of the sitting president, Samuel Doe by the break-away faction of Prince Johnson. The assassination of Samuel Doe was meant, according to political and military analysts, to ease the military tension; but on the contrary,
Taylor’s stiff resistance to ECOMOG and ECOMOG heavy offenses using air bombers and heavy artillery caused more destruction and human sufferings, thereby alarming international community to design a new political strategies aimed at bringing Charles Taylor back to peace talks. At the same time, remnants of government troops re-surfaced as militias calling themselves United Liberation Movement (ULIMO) were attacking Charles Taylor’s militias from the Sierra Leonean and Guinean borders with
Meanwhile, another arm faction, Liberia Peace Council (LPC) belonging to a sub-branch of the Krahn tribe called Sarpo surfaced, bringing to the number of three arm groups in the country. This led to the formation of a Transitional Government among the factions aimed at preparing
Charles Taylor’s National Patriotic Party (NPP), an offspring of the National Patriotic Front of Liberia (NPFL) ruled the country in fear and terror while fighting a regroupment of arm factions that were demobilized before the elections. At the same time, Charles Taylor struck a deal with one of his military cronies, also a defected corporal of the Sierra Leonean army, Foday Sankor to start an arm struggle in that country. Charles Taylor would supply Sankor with the weapons and ammunition in return for diamonds
The Revolutionary United Front (RUF) was born and soon became very fearful and powerful; demoralizing the poorly trained and unequipped small size army. Foday Sankor’s RUF used the same tactics as that of Charles Taylor NPFL. Foday Sankor’s RUF was more likely concerned with economic interest than political interest-owing to the fact that the organization was equally engaged in vigorous diamond mining and smuggling; and terrorized the civilians, mostly women and children and used them for forced labor in its mining activities (diamonds.net).
Foday Sankor’s reign of terror in Sierra Leone for 10 years alarmed international community. West African peace keeping force, ECOMOG extended its mission to
But the issue of human rights abuses of the disbanded RUF and its leader, Foday Sankoh remained. He was accused and charged with human rights abuses, including child labor, rape, murder, hackings, and illegal mining, trading, and arms smuggle, in violation of UN embargo on arms and trade. Foday Sankoh eventually died in prison in
Theoretical Explanations:
The reasons, causes, and motivations of this crime are very complex that it takes integrated theories to explain why this crime occurred. As mentioned in the introduction, political and economic interests, agendas, controls, and powers, social disorganization, weak political system, and cultural barriers that affect the ability to solve common problems. These are but a few motivating factors that underlined the cause for this crime However, based on the nature of this crime, this I will use the organizational theory to explain why this crime falls within the context of “International Level.”
Integrated Theory of International Criminal Violations
This case, as stated earlier, requires the integrated theory to better explain the multiple levels at which this crime occurred. For one thing, this case is beyond a singular occurrence for the fact that many players, factors and, circumstances were involved. Therefore, it is necessary to pinpoint the forces and how they interacted with each other to commit this crime. This crime can be viewed within the context of “international level” with specific references to motivation, opportunity, constraints, and controls. Within the context of motivation, this paper seeks to address the political ideologies and interests leading to the commission of the crime and economic interests that underlined the needs for the perpetration of the crime.
Motivation, Political, and Ideological Interests:
The relationship between the United States and Liberia began to take a U-turn when William R. Tolbert “welcomed the Soviet, Chinese, and Cuban ambassadors to
Ideological struggle or cold war between the US and the former Soviet Union affected Liberia and US long standing traditional and historical relationship when in 1970s, Liberia loosened its close ties with the United States. In 1974 it accepted economic aid from the Union of Soviet Socialist Republics (USSR), and in 1978 it joined with other developing countries in a trade agreement with the European Community (global security).
Libya and the US on the other hand were involved in rivalry of varied natures.
“Libyan leader wanted to get back at the United States for frustrating Libya’s efforts to extend its influence across the Middle East and Africa,” (Noble 1998)
Social disorganization Theory
Internal strife in Liberia, a country ruled by one party rule for 135 years by freed African slaves from the Americas, was deepened in 1980 creating the opportunity for the Liberian 19th president, William Richard Tolbert to be assassinated in a military coup by a group of non-commissioned officers comprised of the natives. The coup, according to conspiracy theory, was masterminded by
Opportunity/International Relations
US exerted the new military regime to follow instructions from Washington or risk its security and economic aid. “He would close
“I suspect that they had at least three reasons for wanting to get involved in Liberia,” said James K. Bishop, a former U.S. Ambassador to
A year after the military regime came to power; Charles Taylor embezzled nearly one millions United States dollars and fled to the US. The military government sought his extradition for prosecution in
Charles Taylor who is currently facing trial in The Hague has alleged US and Libya’s connection in the civil war in Liberia and the Sierra Leone. During his testimony, former Liberian president Charles Taylor told of his “1985 escape from an American maximum security jail with alleged United States government help, only days before a failed US-backed coup attempt to overthrow the then Liberian government” (charlestaylortrial.org).
“With his prison cell unlocked by a US prison guard late one night in November 1985, Taylor walked out of the maximum security area of the Plymouth County Correctional Facility in Massachusetts, he told the Special Court for Sierra Leone today” (charlestaylortrial.org ).
Economic Interests:
This crime occurred because of political and ideological struggles among world’s powers; Liberia and Sierra Leone were caught in the web. Unfortunately, the objective of the crime switched from the main objective; violent regime change-to replace government with either
Corporations and governments came onboard to do illegal business with Charles Taylor. This is illegal because UN’s bans on timber, gold, and diamonds. Merab's company were still in place when, Oriental Timber Company (OTC), Ukrainian Mafia,Victor Bout, China, France, De Beers, Firestone, Christian Broadcasting Network's Pat Robertson of Rock Church of Norfolk in Virginia USA, Gus van Kouwenhoven, and many others were engaged in business with Taylor(globalpolicy.org).
While UN’s sanction was in place during Taylor regime, an Asian-owed firm Oriental Timber Company was shipping plywood from Liberia via Philadelphia harbor to Raleigh, North Carolina and Norfolk on a cargo ship, “Torm Birgitte.” According to William KistnerRudolph, “Merab, a logger and recent president of the Liberian Timber Association, said in an interview with PBS FRONTLINE/World that his company shipped small amounts of Liberian wood directly to the American market, mostly for use as railroad ties and furniture.” He said Shipping documents show Merab's timber going to an
Arms and diamonds smuggling played a major role in fuelling the conflict in Liberia and Sierra Leone. In spite of UN embargo, some corporations continued to sell arms to rebels in
Constraints/ International Reaction
The wars lasted for 10 years in Sierra Leone and 14 years in Liberia before Charles Taylor and Foday Sankoh were arrested on war crime charges and those bearing greatest responsibilities in the wars. Viktor bout was arrested in 2008 five and seven years after the war was over in
How Could We Respond To This Case?
Controls and Deterrence:
In response to this case, the control and deterrence theories could be applied within the contexts of international laws and sanctions. As of today, the world is speaking with one voice in the fight against impunity of war criminals that have caused pains and untold sorrows to millions of people worldwide. In response to rising war crimes, mechanisms have been put in place to institute measures-to exercise controls, general and specific deterrence in countries affected. Therefore, various means of deterrence and controls have been established. International Criminal Court, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, International Criminal Court, The Hague, and Special Court for Sierra Leone (untreaty.un.org). Charles Taylor has been indicted and members of his organization are on travel ban and their assets in foreign banks frozen (news.bbc.co.uk).
Worldwide reaction and response over the years have proven productive so far with a number of former leaders charged with war crimes and crimes against humanity. Leaders from Europe, South America, Africa, and Asia were charged and punished and others are still on trials whilst others are wanted. Political and economic sections against criminal regimes have not served as effective working deterrence for war criminals and would-be war criminals. Therefore, continual economic sanctions on criminal and repressive regimes are counterproductive. Instead of unworkable sanctions, the international criminal court has made a significant breakthrough by its preamble: “Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,”
(icc-cpi.in) is a manifestation of ICC toughness and thoughtfulness in dealing with heinous crimes.
However, besides those charged with bearing the greatest responsibility of atrocities (warlords), there are a number of other people who are the facilitators, including nations, corporations, governments, and organizations. Without them this crime could not be committed. For this reason, a law must be put in place to deal with all those who are accomplices, including arms and diamonds smugglers, and all benefactors of exploitation of natural resources of conflict country.
References:
BBC (2009). The charges relate to his role in the war in neighboring
http://news.bbc.co.uk/2/hi/africa/2963086.stm
Noble, Kenneth The
http://www.aliciapatterson.org/APF1804/Noble/Noble.html
SCSL The
Bender, Bryan (2009)It has been a mystery for more than two decades how former Liberian president Charles G. Taylor broke out of the Plymouth County Correctional Facility in 1985
http://www.boston.com/news/politics/politicalintelligence/2009/07/will_exliberian.html
Gurd, Tracey (2009): With his prison cell unlocked by a US prison guard late one night in November 1985, Taylor walked out of the maximum security area of the Plymouth County Correctional Facility in Massachusetts. http://www.charlestaylortrial.org/2009/07/15/taylor-alleges-us-govt-helped-him-escape-from-us-prison/
Corder, Mike. (2009)Taylor is charged with 11 crimes including murder, torture, rape, sexual slavery, using child soldiers and spreading terror. Associated Press, retrieved from Huffintonpost
http://www.huffingtonpost.com/2009/07/13/charles-taylor-war-crimes_n_230430.html
Ian Smillie, Lansana Gberie and Ralph Hazleton (2002) Until the 1980s, De Beers was directly involved in Sierra Leone, had concessions to mine diamonds offshore, and maintained an office in Freetown. Rapaport News,
http://www.diamonds.net/news/NewsItem.aspx?ArticleID=3705
Leo Cendrowicz 'Lies and Rumors':
http://www.time.com/time/world/article/0,8599,1910365,00.html?xid=rss-world-yahoo
Charles Taylor Testifies against War Crimes Charges
By Katherine Iliopoulos http://www.crimesofwar.org/onnews/news-sierra5.html
Lawfulness of corporal punishment
http://www.endcorporalpunishment.org/pages/progress/reports/sierra-leone.html
Liberian Conflict
http://www.globalsecurity.org/military/world/war/liberia.htm
Liberia - First Civil War - 1989-1996
http://www.globalsecurity.org/military/world/war/liberia-1989.htm
UN-HACU HUMANITARIAN SITUATION REPORT FOR SIERRA LEONE
http://www.africa.upenn.edu/Newsletters/irinw4398.html
The Origins and Development of the Concept and Theory of State-Corporate Crime
http://cad.sagepub.com/cgi/content/abstract/48/2/263
Social Disorganization and Rural Communities
http://www.ncjrs.gov/html/ojjdp/193591/page1.html
Liberia and the United States: A Complex Relationship
http://www.pbs.org/wgbh/globalconnections/liberia/essays/uspolicy/index.html
US Consumers Help Financed Liberia’s Bloody Regime
http://www.globalpolicy.org/component/content/article/198/40322.html
Victor Bout
http://www.globalpolicy.org/international-justice/rogues-gallery/29644.html
Pat Robertson's Right-Wing Gold Mine
http://www.msmagazine.com/sept03/sizemore.asp
Rome Statute of the International Criminal Court http://untreaty.un.org/cod/icc/index.html
Taylor 'had billions' in US bank
http://news.bbc.co.uk/2/hi/africa/7379536.stm
Rome Statute of the International Criminal Court
http://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/Rome_Statute_English.pdf
Thomas Kai Toteh is an author, freelance journalist, and criminologists with emphases in human rights and state-corporate and global crimes. He is an active member of US based Committee of Concerned Journalists.